Is it too late?

What is the name of your state? Texas

My finance's home was broken into and by the police it was ruled that he had nothing to do with it. When he attempted to file a claim with the insurance they took him around and around in an attempt to make him drop the claim. He has sent in all the paper work they asked for and went out of his way to gain information that they needed. They ruled that since the other person that was living in the home did not make amy attempts to provide assistances and because she was not on the application that they feel this was a set up and that he is not entitled to get anything from this. His is not wanting to file a suit on the company but needs to know that is the limitations to file. This happened in 2001. Is is too late? If not what can we do about this.

Thank you,

tgrogan33

It is likely not too late. Litigation is very likely too late.

Go back to "your duties following a loss" found in Section 1 of your policy.

I suspect that you have never really submitted a claim. You are required to submit a "Sworn Statement in Proof of Loss". Until you do that, the insurer has no obligation to consider the information you have offered.

This document is the equivelant of the term "I call" in poker.

As a Homeowner you are considered "unsophisticated" as a consumer. The insurer would have to go a long way to avoid coverage even at this late date. Particularly if your state has reasonably strong bad faith laws.

See also: Enumeration of Unfair Claims Settlement Practices or, Unfair Claim Practices Act for a bit more muscle.